David S. Gordon - Commercial Real Estate Lawyer in NJ

David S. Gordon
Phone:  732.855.6078
Fax: 732.726.4761
Bar Admission:

New Jersey, 1971
New Jersey Supreme Court, 1971
U.S. District Court for the District of New Jersey, 1971
United States Third Circuit Court of Appeals, 1973

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J.D., Columbia University School of Law, 1971
       Harlan Fiske Stone Scholar
B.A., Bucknell University, 1967

Biographical Information:

David Gordon is a shareholder at Wilentz, Goldman & Spitzer, P.A.  He is a member of the firm's Commercial Real Estate Team, the Land Use/Environmental Sub-Team and the Redevelopment Strategic Business Unit.  David's practice focuses on representation of developers, owners, users and other clients in all aspects of complex real estate transactions, with an emphasis on land acquisition and disposition, development approvals, redevelopment, financing (including construction, interim and permanent mortgage financing, mezzanine financing and equity participation), leasing (representing landlords and tenants in commercial, industrial and retail transactions), construction contracts and the structuring of business entities.

In 1990, Mr. Gordon was elected to membership in the American College of Real Estate Lawyers (ACREL).  He has served two years on the ACREL Board of Governors (2005-2010), two terms as Chairman of the Leasing Committee (2002-2003), three terms as Chairman of the Membership Development Committee (2003-2006) and is currently a Vice-Chair of the Programs Committee and an active member of both the Leasing and the Insurance Committees.  He is also a member of the Faculty and Advisory Board of the Georgetown University Law Center Advanced Commercial Leasing Institute (2004 - present) and formerly served as an adjunct professor at Rutgers Law School - Newark, teaching a course in advanced real estate transactions.  David is a member of the New Jersey Chapter of the Commercial Real Estate Development Association (NAIOP) where he is a long standing member of the Legislative Committee, (Co-Chair 2008-2010) and Co-Chair of the NJ-NAIOP Legal Action Committee (2011-present).  He is also Co-Program Coordinator of several annual commercial real estate programs of the New Jersey Institute for Continuing Legal Education.

David has lectured for a variety of groups including the American College of Real Estate Lawyers, the New Jersey Institute for Continuing Legal Education, the International Council of Shopping Centers (US and Canada), the New Jersey chapter of NAIOP, the New Jersey Mortgage Bankers Association, the American Banking Institute, the New Jersey Title Insurance Institute and Lorman Business Services.

David has been selected for inclusion in the 2017 Chambers USA directory, having been distinguished with a Band 1 ranking since 2012.  He has been recognized by Chambers USA since 2004, and has also been selected for inclusion in New Jersey Best Lawyers® list (2006-2018), and New Jersey Super Lawyers® list (2005-2017 (Top 100, 2005-2017; Top 10, 2009)). Best Lawyers is published by Best Lawyers in partnership with US News and World Report.  Chambers is published by Chambers and Partners. Super Lawyers is published by Thomson Reuters.  A description of their selection process can be found in the respective links above. The aforementioned organizations are private peer review organizations, not court specific public certification vehicles.  No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey.

Representative Matters:

  • Representation of subtenant in the negotiation of a sublease for 600,000 square feet in a 1.1 million square foot newly constructed office tower on the “Gold Coast” in Jersey City
  • Representation of landowner/redeveloper in sale and redevelopment of brownfields industrial site to public improvement authority, including ground lease, redevelopment agreement, general construction contract for $34.6 million multi-purpose entertainment facility (arena) and issues involved in  related public financing
  • Representation of owner/developer of 300-acre 18 hole private golf course including land acquisition, land use development and environmental approvals, construction contract for $5 million clubhouse and membership-related issues
  • Representation of affiliated entities of Frank A. Greek & Son, Inc. in over 9.5 million square feet of industrial leases
  • Representation of purchaser of aging traditional, enclosed regional shopping mall with national retailer pad owner, and negotiation for de-malling of facility for conversion to a big box power center, including negotiation of ground leases with three national big box retailers
  • Representation of the redeveloper of a three-building urban redevelopment project in Perth Amboy comprised of a 535 vehicle multi-level parking deck and 249 units of lower and moderate income rental apartment units and approximately 60,000 square feet of ground level commercial/retail space.  The project involved ground and air rights leases, numerous cross-easements and operating covenants, equity investment by a syndication of approximately $51,000,000.00 of investment tax credits, approximately $65,000,000.00 of construction financing, three permanent loans from the New Jersey Housing Mortgage Finance Agency (residential project - $13,200,000.00) and a direct investment loan by Bally’s Park Place, Inc. through the Casino Reinvestment Development Authority ($11,000,000.00-commercial project).
  • Representation of seller of 10-property, 1.4 million square foot, 15-building portfolio to a privately owned real estate investment trust; included work obtaining environmental approvals
  • Representation of sellers of 5-property, 1.1 million square foot, 7-building portfolio to a privately owned real estate investment trust; included work obtaining environmental approvals
  • Representation of borrowers in $91 million composite real estate finance facility involving a 10-year flexible credit facility providing for LIBOR-based and commercial paper financing
  • Representation of seller of multi-location supermarket facilities including subleases and leaseback  arrangements
  • Representation of tenant in leasing of single user office building for national headquarters facility and leasing of temporary operations space for use during relocation
  • Representation of three separate pharmaceutical company tenants for office, manufacturing and laboratory facilities in New Jersey, Massachusetts and North Carolina
  • Representation of minor league hockey franchise in negotiation of license agreement for use of multi-purpose arena as “anchor” licensee
  • Representation of approximately 19 general partnerships in roll-up merger into 5 new limited liability companies, including related environmental approvals
  • Representation of borrower in restructuring of a $90 million secured credit facility involving multiple properties, turnover of several properties to the lender, and additional working capital credit facility, for capital improvements to retained properties
  • Representation of lender in the workout of a default by the owner/operator of a national flag hotel and office facility under a multi-million dollar refinancing and future development credit facility

Articles Published:

  • Co-contributing editor of the leasing chapter of Commercial Real Estate Transactions in New Jersey, published by the New Jersey Institute for Continuing Legal Education
  • Contributing editor for New Jersey to State-by-State Guide to Commercial Real Estate Leases, published by Aspen Publishers
  • Co-author of New Jersey Real Estate Forms-Practice, published by Lexus Law Publishing

Area of Emphasis:

Land Use